A FRESH challenge was made to stop rusting American warships being dismantled in the North-East last night when environmental campaigners questioned the legitimacy of planning permission.

Able UK, which wants to dismantle the fleet of 13 obsolete ships at Graythorp, Hartlepool, said it gained permission to move the ships from Teesside Development Corporation in 1997.

But Friends of the Earth is claiming that the permission has expired and was never applicable to ships.

Last night, Hartlepool Borough Council confirmed it was taking legal advice.

It comes after Able UK withdrew a second plan to create a dry dock at Graythorp, which Friends of the Earth said would mean it would not face an environmental impact assessment.

Friends of the Earth's legal advisor, Phil Michaels, said: "Able UK knew that an environmental impact assessment would give rise to information that would put the entire project at risk.

"By withdrawing the application they have avoided the assessment process and prevented the people of Hartlepool from having a say in it.

"However, they face a number of significant legal hurdles they need to overcome.

"If they don't have the planning permission, they can't proceed with the project."

The pressure group has urged Hartlepool Mayor Stuart Drummond to advise the US authorities not to allow the ships to leave their moorings in Virginia.

Mr Drummond reiterated that he was uncomfortable with the decommissioning scheme and would like to read Friends of the Earth's letter in more detail before commenting further.

Meanwhile, a council spokesman said the authority was considering the implications of Able UK's decision to withdraw the dry dock planning application.

The company hit back last night saying it had the necessary permission.

It vowed to continue with its plans to take the dilapidated vessels to Hartlepool for dismantling, then burial at a landfill site.

A spokesman said: "As far as we are concerned, the legal advice the company has had is that we are covered by the planning process that we have had for recycling works.

"We are quite happy that we have the appropriate planning permission in relation to the construction of a rock-filled bund."

Meanwhile, Hurricane Isabel has already cast doubt on the planned departure of the ships this weekend.